MINUTES OF MEETING
AMONG
THE JAPAN INTERNATIONAL COOPERATION AGENCY,
KILIMANJARO INDUSTRIAL DEVELOPMENT TRUST,
AND
TROMSO CO., LTD.
ON
VERIFICATION SURVEY WITH THE PRIVATE SECTOR FOR DISSEMINATING JAPANESE TECHNOLOGIES
FOR
UTILIZATION OF RESOURCES THROUGH RICE HUSK BRIQUETTE MACHINES
The Japan International Cooperation Agency (hereinafter referred to as “JICA”) exchanged views and had a series of discussions with Kilimanjaro Industrial Development Trust (hereinafter referred to as “KIDT”) for the purpose of working out the details of activities and measures to be taken by JICA and KIDT concerning the Verification Survey with the Private Sector for Disseminating Japanese Technologies for Utilization of Resources Through Rice Husk Briquette Machines (hereinafter referred to as the “Survey”), which will be implemented together with Tromso Co., Ltd. (hereinafter referred to as “Tromso”).
As a result of the discussions, all parties concerned confirmed to implement the Survey based on the document attached hereto.
Place, Month Date, Year
Mr. Yasunori Onishi Mr. Frank A. Elisa
Chief Representative General Manager
JICA Tanzania Office Kilimanjaro Industrial Development Trust
Japan International Cooperation Agency
Mr. Tsuyoshi Makihata
Technical Advisor
Tromso Co., Ltd.
ATTACHED DOCUMENT
I. Outline of the Survey:
1. Japanese enterprises possess technological resources in various fields that may assist in fulfilling societal needs and have a positive impact on the social welfare of developinga countriesy. JICA, as the implementing agency of the Official Development Assistance of Japan, has introduced a survey program to utilize these such technologies.
2. JICA’s survey scheme “Verification Survey with the Private Sector for Disseminating Japanese Technologies” aims to demonstrate that Japanese technologies are highly effective in improving specific development challenges.
3. In preparation for the Survey, JICA invites proposals from Japanese enterprises. Successful proposals must indicate a workable plan to utilize proponent’s technologies in order to respond to the development challenges of the developing countries selected. The proponents who have submitted successful proposals will be engaged as members of the Survey team (hereinafter referred to as the ‘’JICA Survey Team’’).
4. The JICA Survey Team will conduct the Survey in cooperation with its counterparts of the developing countries and prepare a final report. The final report will be handed over toshared with the counterpart for any future use, such as baseline information for implementing a similar project of their own.
II. Implementation of the Survey
1. The Survey will be implemented in accordance with the Survey Outline, which is set forth in the Annex. The actual implementation of the Survey will be implemented by Tromso entrusted by and in collaboration with JICA. JICA will supervise the overall implementation.
2. JICA will own the products, equipment, and their incidental facilities prepared by the JICA Survey Team for the purpose of implementing the Survey (hereinafter referred to as the “Product”) and reserve its ownership throughout the implementation period.
After the completion of the Survey, based on the result, ownership of the Product will be handed over and transferred to KIDT.
III. Measures to be taken by KIDT
KIDT will take necessary measures to:
1. Cooperate with Tromso in assuring the successful implementation of the Survey throughout the implementation period;
2. Indemnify and hold harmless JICA and Tromso from any damage due to active or passive negligence of the personnel of KIDT arising from or in connection with the implementation of the Survey;
3. Ensure proper and effective operation and maintenance of the Product (indicated in II 2. above and II. 4. in ANNEX) which will be handed over to and transferred from JICA, after the completion of the Survey;
4. Ensure that the Product, techniques and knowledge acquired in the Survey shall not be used for military purposes;
5. Secure land or space sufficient for the installation of the Product (indicated in II. 2. above and II. 4. in ANNEX ) throughout the implementation period;
6. Nominate appropriate candidates in a timely fashion that will participate in the activities conducted in Japan.; and
7. Exempt the members of the JICA Survey Team from customs duties, VAT, internal taxes and other fiscal levies which may be imposed in Tanzania with respect to the import and local purchase of products and services (including the Product) necessary for the Survey; and
8.7. Provide the JICA Survey Team with reasonable supports, including the following items, as requested throughout the implementation period in cooperation with other organizations concerned in Tanzania at its own expense:
(1) Provide sufficientenough and secure space with appropriate roof and wall needed for installing the Product.
(2) Provide rice husks and other raw materials needed for the operation of the Product.
(3) Provide utilities including electricity and water needed to run the Product.
(4) SendAssign capable engineers to Japan to be trained by Tromso for sufficient period of time.
(5) Support demonstration activities held by Tromso.
(6) Provide operation data of the Product and marketing data of the briquettes made by the Product to Tromso to improve the Product
(7) Provide technical support to local SMEs that show interest in in manufacturing and assembling the Product in Tanzania.
IV. Mutual Consultations
Any major issues that may arise from or in connection with this Attached Document shall be resolved through mutual consultations by all parties concerned.
V. Other Relevant Issues
1. Intellectual Property Rights
(1) Tromso reserves its intellectual property rights such as any patent, trademark, copyright, design, pattern, construction, etc. (hereinafter referred to as the “Intellectual Property Rights”), concerning the Product brought or created by Tromso for the implementation of the Survey, and no Intellectual Property Right is granted by license or otherwise under this Attached Document. Any resale, reproduction, reuse, and transfer of the Intellectual Property Rights which belongs to the Tromso concerning the Product are restricted without obtaining prior written permission by Tromso.
(2) The Intellectual Property Rights of the final report shall remain the property of JICA. KIDT may make copies and distribute the report for the purpose of sharing the result of the Survey. However, KIDT may not use the report for commercial purposes nor modify the report without obtaining prior written consent of JICA.
2. Confidentiality
All parties shall observe the confidentiality and secrecy of documents, information and other data received or supplied by any of the other parties as confidential information for the implementation of the Survey. Such information must be kept confidential even after the completion or the termination of the Survey.
3. Rules and Regulations for Participating in the Activities Conducted in Japan
To better understand the proposed technologies, a visit to Japan is planned in the Survey. Therefore, KIDT will nominate appropriate candidates who will visit and participate in the activities conducted in Japan.
Furthermore, KIDT agrees to make sure that the participants who will visit and participate in the activities conducted in Japan for the Survey shall
(1) strictly adhere to the program schedule;
(2) not extend the period of stay in Japan;
(3) not be accompanied by family members or other non-participants during the program;
(4) return to home country at the end of the program in accordance with the travel schedule designated by JICA or Tromso;
(5) refrain from engaging in any political activities, or any form of employment or other activity for profit or gain;
(6) have an appropriate entry visa to Japan and make necessary arrangements (provision of passport etc.) for their travel;
(7) confirm the validity of visas for any third countries necessary for travel to and from Japan;
(8) observe Japanese laws and ordinances, and if there is any violation of said laws and ordinances, return part or all of the training expenditure depending on the severity of the violation upon request from JICA or Tromso;
(9) observe the rules and regulations of the accommodation designated by JICA or Tromso; and
(10) be provided with only expenses that directly relate to the program (e.g., fFlight tickets etc.) by JICA through Tromso according to the rules and regulations of JICA, but pay any expenses that do not directly relate to the program by the participants themselves.
4. Others
In a case where delay or failure in performance arises due to bankruptcy, any commercial, financial or other difficulty of Tromso, cancellation of the contract between Tromso and JICA, or any cause(s) beyond reasonable control of the parties, the party so affected shall immediately provide written notice to the other parties of such date and the nature of such failure, and the anticipated period of time during which the failure conditions are expected to persist. In such a case, this Minutes of Meeting does not obligate any party hereto to continue implementation of the Survey. The parties hereto shall consult in good faith and agree upon appropriate measures to be taken, including termination of the Survey.
ANNEX: Survey Outline
ANNEX: SURVEYOUTLINE
I. BACKGROUND
In Tanzania 400 thousand hectares (ha) of forest has been cut down every year for farm expansion, excessive pasturing and logging for making firewood and charcoal. Estimated loss of four million ha of forest between 2000 and 2010 is the fifth worst in the world. Moreover, forested land per capita has declined significantly from 6.3 ha in 1960 to 0.7 ha in 2010. Especially deforestation in and around
MINUTES OF MEETING
AMONG
THE JAPAN INTERNATIONAL COOPERATION AGENCY,
KILIMANJARO INDUSTRIAL DEVELOPMENT TRUST,
AND
TROMSO CO., LTD.
ON
VERIFICATION SURVEY WITH THE PRIVATE SECTOR FOR DISSEMINATING JAPANESE TECHNOLOGIES
FOR
UTILIZATION OF RESOURCES THROUGH RICE HUSK BRIQUETTE MACHINES
The Japan International Cooperation Agency (hereinafter referred to as “JICA”) exchanged views and had a series of discussions with Kilimanjaro Industrial Development Trust (hereinafter referred to as “KIDT”) for the purpose of working out the details of activities and measures to be taken by JICA and KIDT concerning the Verification Survey with the Private Sector for Disseminating Japanese Technologies for Utilization of Resources Through Rice Husk Briquette Machines (hereinafter referred to as the “Survey”), which will be implemented together with Tromso Co., Ltd. (hereinafter referred to as “Tromso”).
As a result of the discussions, all parties concerned confirmed to implement the Survey based on the document attached hereto.
Place, Month Date, Year
Mr. Yasunori Onishi Mr. Frank A. Elisa
Chief Representative General Manager
JICA Tanzania Office Kilimanjaro Industrial Development Trust
Japan International Cooperation Agency
Mr. Tsuyoshi Makihata
Technical Advisor
Tromso Co., Ltd.
ATTACHED DOCUMENT
I. Outline of the Survey:
1. Japanese enterprises possess technological resources in various fields that may assist in fulfilling societal needs and have a positive impact on the social welfare of developinga countriesy. JICA, as the implementing agency of the Official Development Assistance of Japan, has introduced a survey program to utilize these such technologies.
2. JICA’s survey scheme “Verification Survey with the Private Sector for Disseminating Japanese Technologies” aims to demonstrate that Japanese technologies are highly effective in improving specific development challenges.
3. In preparation for the Survey, JICA invites proposals from Japanese enterprises. Successful proposals must indicate a workable plan to utilize proponent’s technologies in order to respond to the development challenges of the developing countries selected. The proponents who have submitted successful proposals will be engaged as members of the Survey team (hereinafter referred to as the ‘’JICA Survey Team’’).
4. The JICA Survey Team will conduct the Survey in cooperation with its counterparts of the developing countries and prepare a final report. The final report will be handed over toshared with the counterpart for any future use, such as baseline information for implementing a similar project of their own.
II. Implementation of the Survey
1. The Survey will be implemented in accordance with the Survey Outline, which is set forth in the Annex. The actual implementation of the Survey will be implemented by Tromso entrusted by and in collaboration with JICA. JICA will supervise the overall implementation.
2. JICA will own the products, equipment, and their incidental facilities prepared by the JICA Survey Team for the purpose of implementing the Survey (hereinafter referred to as the “Product”) and reserve its ownership throughout the implementation period.
After the completion of the Survey, based on the result, ownership of the Product will be handed over and transferred to KIDT.
III. Measures to be taken by KIDT
KIDT will take necessary measures to:
1. Cooperate with Tromso in assuring the successful implementation of the Survey throughout the implementation period;
2. Indemnify and hold harmless JICA and Tromso from any damage due to active or passive negligence of the personnel of KIDT arising from or in connection with the implementation of the Survey;
3. Ensure proper and effective operation and maintenance of the Product (indicated in II 2. above and II. 4. in ANNEX) which will be handed over to and transferred from JICA, after the completion of the Survey;
4. Ensure that the Product, techniques and knowledge acquired in the Survey shall not be used for military purposes;
5. Secure land or space sufficient for the installation of the Product (indicated in II. 2. above and II. 4. in ANNEX ) throughout the implementation period;
6. Nominate appropriate candidates in a timely fashion that will participate in the activities conducted in Japan.; and
7. Exempt the members of the JICA Survey Team from customs duties, VAT, internal taxes and other fiscal levies which may be imposed in Tanzania with respect to the import and local purchase of products and services (including the Product) necessary for the Survey; and
8.7. Provide the JICA Survey Team with reasonable supports, including the following items, as requested throughout the implementation period in cooperation with other organizations concerned in Tanzania at its own expense:
(1) Provide sufficientenough and secure space with appropriate roof and wall needed for installing the Product.
(2) Provide rice husks and other raw materials needed for the operation of the Product.
(3) Provide utilities including electricity and water needed to run the Product.
(4) SendAssign capable engineers to Japan to be trained by Tromso for sufficient period of time.
(5) Support demonstration activities held by Tromso.
(6) Provide operation data of the Product and marketing data of the briquettes made by the Product to Tromso to improve the Product
(7) Provide technical support to local SMEs that show interest in in manufacturing and assembling the Product in Tanzania.
IV. Mutual Consultations
Any major issues that may arise from or in connection with this Attached Document shall be resolved through mutual consultations by all parties concerned.
V. Other Relevant Issues
1. Intellectual Property Rights
(1) Tromso reserves its intellectual property rights such as any patent, trademark, copyright, design, pattern, construction, etc. (hereinafter referred to as the “Intellectual Property Rights”), concerning the Product brought or created by Tromso for the implementation of the Survey, and no Intellectual Property Right is granted by license or otherwise under this Attached Document. Any resale, reproduction, reuse, and transfer of the Intellectual Property Rights which belongs to the Tromso concerning the Product are restricted without obtaining prior written permission by Tromso.
(2) The Intellectual Property Rights of the final report shall remain the property of JICA. KIDT may make copies and distribute the report for the purpose of sharing the result of the Survey. However, KIDT may not use the report for commercial purposes nor modify the report without obtaining prior written consent of JICA.
2. Confidentiality
All parties shall observe the confidentiality and secrecy of documents, information and other data received or supplied by any of the other parties as confidential information for the implementation of the Survey. Such information must be kept confidential even after the completion or the termination of the Survey.
3. Rules and Regulations for Participating in the Activities Conducted in Japan
To better understand the proposed technologies, a visit to Japan is planned in the Survey. Therefore, KIDT will nominate appropriate candidates who will visit and participate in the activities conducted in Japan.
Furthermore, KIDT agrees to make sure that the participants who will visit and participate in the activities conducted in Japan for the Survey shall
(1) strictly adhere to the program schedule;
(2) not extend the period of stay in Japan;
(3) not be accompanied by family members or other non-participants during the program;
(4) return to home country at the end of the program in accordance with the travel schedule designated by JICA or Tromso;
(5) refrain from engaging in any political activities, or any form of employment or other activity for profit or gain;
(6) have an appropriate entry visa to Japan and make necessary arrangements (provision of passport etc.) for their travel;
(7) confirm the validity of visas for any third countries necessary for travel to and from Japan;
(8) observe Japanese laws and ordinances, and if there is any violation of said laws and ordinances, return part or all of the training expenditure depending on the severity of the violation upon request from JICA or Tromso;
(9) observe the rules and regulations of the accommodation designated by JICA or Tromso; and
(10) be provided with only expenses that directly relate to the program (e.g., fFlight tickets etc.) by JICA through Tromso according to the rules and regulations of JICA, but pay any expenses that do not directly relate to the program by the participants themselves.
4. Others
In a case where delay or failure in performance arises due to bankruptcy, any commercial, financial or other difficulty of Tromso, cancellation of the contract between Tromso and JICA, or any cause(s) beyond reasonable control of the parties, the party so affected shall immediately provide written notice to the other parties of such date and the nature of such failure, and the anticipated period of time during which the failure conditions are expected to persist. In such a case, this Minutes of Meeting does not obligate any party hereto to continue implementation of the Survey. The parties hereto shall consult in good faith and agree upon appropriate measures to be taken, including termination of the Survey.
ANNEX: Survey Outline
ANNEX: SURVEYOUTLINE
I. BACKGROUND
In Tanzania 400 thousand hectares (ha) of forest has been cut down every year for farm expansion, excessive pasturing and logging for making firewood and charcoal. Estimated loss of four million ha of forest between 2000 and 2010 is the fifth worst in the world. Moreover, forested land per capita has declined significantly from 6.3 ha in 1960 to 0.7 ha in 2010. Especially deforestation in and around
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